Can I claim theft?

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Can I claim theft?

on January 21st 2016 a mechanic came to my house promising he would fix my car I let him take it I trusted him because a family friend recommended him to me. He let me borrow a car of his to use in the mean time. His car broke down and I informed him to come pick it up, a couple months past and he still never delivered my car and I told him the tow company wanted his car moved. They ended up taking his car and to this day he still has not returned mine. I want to report it stolen would that be the best course of action?

Asked on April 13, 2017 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If he will not returned your car, he has stolen it. You should:
1) Report it as stolen to the police. They may help get it back.
2) If you had theft insurance, after reporting it to the police, report it your insurer and file a claim.
3) File a civil lawsuit (e.g. in small claims court, as your own attorney or pro se) for the value of the car.
You want to avail yourself of every mechanism you can.


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